Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.173/N/2020
1. The application is filed by the applicant for return of LG G8
THIN Q mobile phone and Samsung A70 mobile phone seized by
Santacruz Police Station CR.No. 76/2020 registered u/sec. 457, 380 of
IPC.
2. I.O. has given no objection to return the mobile handsets to
the applicant.
3. The applicant submitted that the mobile phones were stolen.
She lodged report about theft. She produced on record copy of FIR and
Aadhar Card in support of her version. No one else except the applicant
has claimed the custody of the mobile hand sets. There is no likelihood
that the trial will commence soon and conclude in near future. The mobile
handsets will get damaged if remained in idle condition for longer period.
It will be proper to hand over the custody of the mobiles to the applicant
by imposing conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of LG G8 THIN Q mobile phone and Samsung
A70 mobile phone be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 80,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand sets to third person without
prior permission of court and to produce the concerned mobile
hand sets before the Court, whenever required for trial.
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5) The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce
the photographs and indemnity bond with the final report.
Mumbai Metropolitan Magistrate
Date: 04.03.2020 71st Court, Bandra, Mumbai.
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